Accountability of Public Bodies

Minister's Message

Pursuant to the 2002 Speech from the Throne, it is my honor to present the Accountability of Public Bodies Annual Report for the Department of Government Services and Lands, fiscal year 2001-02.

The Department of Government Services and Lands administers more than 85 acts and our staff of 500 provides a wide range of services in various communities throughout the Province. Our purpose is to provide responsive, accessible services to protect public health and safety, ensure wise stewardship of the Province's land resource, safeguard consumer interests, and preserve vital event and commercial transaction records. This legislated mandate and the assigned tasks of the Department of Government Services and Lands are accomplished through three branches - Consumer and Commercial Affairs, Government Services, and Lands.

The purpose of this document is to promote a better understanding of activities of those boards and agencies required to report to this Department, thereby contributing to Government's efforts to implement effective and up-to-date accountability measures throughout the public sector.

At this time I would like to acknowledge all those who contributed to this report and the diligent work and dedication of our staff.

George Sweeney
Minister

Table of Contents

• Introduction
• Boards and Agencies
  • Appendix A: Annual Report of the Board of Commissioners of Public Utilities
  • Appendix B: Annual Report of the Credit Union Deposit Guarantee Corporation
  • Appendix C: Annual Financial Statements of Embalmers and Funeral Directors Board
  • Appendix D: Annual Report of the Petroleum Products Pricing Commission
  • Appendix E: Annual Financial Statements of the Public Accountants Licensing Board
  • Appendix F: Annual Financial Statements of the Real Estate Foundation

The appendices are only available in hard copy.

Introduction

Pursuant to the Accountability Framework, the following boards and agencies are required to submit annual reports to the Department of Government Services and Lands:

• Board of Commissioners of Public Utilities
• Boiler, Pressure Vessel Appeals Tribunal
• Boiler, Pressure Vessel Advisory Board
• Building Accessibility Advisory Board
• Building Accessibility Appeals Tribunal
• Credit Union Deposit Guarantee Corporation
• Driver's License Suspension Review Board
• Driver's License Medical Advisory Board
• Embalmers and Funerals Directors Board
• Insurance Adjusters, Agents and Brokers Appeals Board
• Newfoundland and Labrador Geographical Names Board
• Petroleum Products Pricing Commission
• Public Accountants Licensing Board
• Real Estate Advisory Board
• Real Estate Foundation
• Securities Commission

The Credit Union Deposit Guarantee Corporation is the only public body categorized as a level one. As such, their accountability requirements include a strategic plan, a budget submission, an annual financial report, an annual audited statement, and a performance report. The remaining boards and agencies are categorized as a level three, with accountability requirements that include annual financial reports.

It was the Department's understanding that annual financial reports were sufficient to satisfy the accountability requirements for those boards/agencies categorized as level three. Therefore boards/agencies providing such information were not asked to also include a report of their activities. Also, several of these boards/agencies are quasi-judicial and meet on an ad hoc basis. Again, it was the Department's understanding that such boards/agencies were not required to submit an annual report. However, in preparing this report it has come to the Department's attention that such reports are required and will be asking these boards/agencies to provide this information from this point forward.

Boards and Agencies

Board of Commissioners of Public Utilities

Pursuant to Section 48 of the Automobile Insurance Act, the Board of Commissioners of Public Utilities, which is established under Section 6 of the Public Utilities Act, is responsible for the general supervision of the rates an insurer charges or proposes to charge for automobile insurance. As such, the Board of Commissioners of Public Utilities must provide an annual report (see Appendix A) on their operations to the Minister, as it relates to the automobile insurance industry.

Boiler, Pressures Vessel Appeals Tribunal

The Boiler, Pressure Vessel Appeals Tribunal is constituted under Section 25 of the Public Safety Act to hear appeals from decisions of the Chief Inspector. No appeals have been received since the Act came into force January 1, 1997 and the Tribunal has never been appointed. As such, an annual report has not been required.

Boiler, Pressure Vessel Advisory Board

Discretionary authority for the Lieutenant-Governor in Council to establish a Boiler, Pressure Vessel Advisory Board is granted under Section 29 of the Public Safety Act of 1996. The authority has never been applied under this Act. As such, an annual report has not been required.

Building Accessibility Advisory Board

The Building Accessibility Advisory Board is established under Section 18 of the Buildings Accessibility Act to advise the Minister on matters relating to the Act and Regulations. The Board is currently active and expects to report to the Minister in 2003.

Building Accessibility Appeals Tribunal

The Building Accessibility Appeals Tribunal is authorized under Section 20 of the Buildings Accessibility Act to hear appeals on issues decided by departmental staff. To date, an annual report has not been required.

Credit Union Deposit Guarantee Corporation

The Credit Union Deposit Guarantee Corporation is established under the Credit Union Act and is categorized as a level one under the Accountability Framework and as such, provides the Minister an annual report (see Appendix B) to the Minister.

Driver's Licence Suspension Review Board

The Driver's Licence Suspension Review Board is empowered to review the Registrar's decisions regarding suspension of driver licences. The suspension is generally related to medical conditions. The Driver's Licence Suspension Review Board does not however, have authority to review suspensions resulting from Criminal Code or Demerit Point system issues. To date, an annual report has not been required.

Driver's Licence Medical Advisory Board

The Driver's Licence Medical Advisory Board comprises medical specialists in four disciplines. Rather than meeting as a board, the Motor Registration Division's contractual physician will seek their advice on specific cases on an individual basis. As such, an annual report has not been required.

Embalmers and Funeral Directors Board

The Embalmers and Funeral Directors Board is established under Section 3 of the Embalmers and Funeral Directors Act, to deal with business arising from the Act and Regulations. Under the Accountability Framework, they are categorized as level three and therefore submit financial statements (see Appendix C) to the Minister on an annual basis.

Insurance Adjustors, Agents and Brokers Appeals Board

The Insurance Adjustors, Agents and Brokers Appeals Board is established pursuant to Section 18 of the Insurance Adjustors, Agents and Brokers Act to investigate matters referred to it and report to the superintendent whether in its opinion the licence should be issued, refused, suspended, revoked, amended or continued, stating reasons and making recommendations it thinks advisable. This Board meets infrequently (once in the last eight years). To date, an annual report has not been required.

Newfoundland and Labrador Geographical Names Board

The Newfoundland and Labrador Geographical Names Board is constituted pursuant to the Geographical Names Board Act and has the authority to officially name all geographical features and places in the province. There were no members appointed to this Board for 2001-02 and as such, no annual reporting.

The Petroleum Products Pricing Commission

The Petroleum Products Pricing Commission is established under Section 3 of the Petroleum Products Act and has the authority to set maximum wholesale and retail costs of heating and motor fuel and to determine the allowable maximum and minimum mark-up between the wholesale price to the retailer and the retail price to the consumer. The Commission is categorized as a level three under the Accountability Frame and as such, has provided an annual report, which includes financial statements (see Appendix D).

The Public Accountants Licensing Board

The Public Accountants Licensing Board is established pursuant to Section 3 of the Public Accountancy Act. It is categorized as a level three under the Accountability Framework and therefore submits annual financial statements (see Appendix E) to the Minister. The purpose of this Board is to grant or refuse license applications, keep a roll of all persons licensed as a pubic accountant, consider matters of common interests and concern to licensees, and prescribe educational standards and qualifications.

The Real Estate Advisory Board

The Real Estate Advisory Board is established under Section 12 of the Real Estate Trading Act. This Board is quasi-judicial and is appointed as required by the superintendent of real estate to determine whether an application for the issue of licenses, the suspension or cancellation of a licence, or the reinstatement of a suspended or cancelled licence should be granted or refused. This Board meets infrequently (once in the last eight years). To date, annual reports have not been required.

The Real Estate Foundation

The Real Estate Foundation is established pursuant to Section 54 of the Real Estate Trading Act and is categorized as a level three under the Accountability Framework and as such, is required to submit annual financial statements (see Appendix F). The objects of this foundation are to establish and maintain a fund and to use the proceeds of this fund to promote continued education of those licensed under the Act, support research and to make recommendations affecting real estate trading.

Securities Commission

The Securities Commission is established under Section 3 of the Securities Act, and is responsible for its administration. It is categorized as a level three under the Accountability Framework. The Securities Commission is a division within the Department of Government Services and Lands and therefore is included in the Department's Annual Report.